Kurniawan

Kurniawan v. Mukasey

Good Law
292 F. App'x 557
United States Court of Appeals for the Ninth CircuitSeptember 5, 2008No. 05-77434California284 words

Opinion

Lead Opinion

MEMORANDUM **

Allan Jones Kurniawan, a native and citizen of Indonesia, petitions for review of a Board of Immigration Appeals’ order summarily affirming an immigration judge’s (“IJ”) decision denying his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence, INS v. Elias-Zacarias, 502 U.S. 478 , 481 n. 1, 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992), and deny the petition.

Substantial evidence supports the IJ’s conclusion that Kurniawan had not experienced past persecution. See Prasad v. INS, 47 F.3d 336, 340 (9th Cir.1995). Furthermore, even assuming that, as an ethnic Chinese Christian with a hearing and language disability, Kurniawan is a member of a disfavored subgroup, he failed to demonstrate the requisite level of individualized risk necessary to establish a well-founded fear of persecution. Cf. Sael v. Ashcroft, 386 F.3d 922, 925-28 (9th Cir. 2004). Finally, the record does not establish that Kurniawan has demonstrated a pattern or practice of persecution against ethnic Chinese Christians in Indonesia. See Lolong v. Gonzales, 484 F.3d 1173, 1178-81…

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